...who feel that affirmative action is no longer necessary. On the one hand, Americans feel as if the affirmative action dogma is wasteful in leveling the playing field for minorities and instead creates an unfair prejudice to particularly White Americans. The reverse side of that argument is that the affirmative action notion corrects the incongruities of opportunities for underrepresented minorities who may have not otherwise had any privilege to certain employment, school admission, and/or societal benefits. Cases such as University of California v Bakke, Grutter v Bollinger, and Fisher v Texas have been cognizant of the resourceful means of the affirmative action notion and its implementation. However, cases like City of Richmond v Crosan and Adarand v Pena have been unsympathetic of the affirmative action idea and reject its practice. I tend to disagree with the verdicts delivered in both City of Richmond v Crosan and Adarand v Pena for reasons that allude to the upward mobility of historically oppressed people. In 1978, Allen Bakke applied for admission to the University of California twice and was rejected both times. The school admitted that they reserved 16 spots out of each entering class of about 100 for qualified minorities as part of the University’s affirmative action program to bolster minority inclusion at the University. Bakke had an academic record that was exceptionally better than most of the minority candidates who applied for the school but was denied on the...
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...AFFIRMATIVE ACTION IN PUBLIC & PRIVATE PROCUREMENT ENGLISH LAW LaSadia Whitman Abstract Throughout history, there have been many policies and laws that have been passed to make America, a county that will offer a citizenship equal liberty, rights and equal opportunity. In my paper I will discuss the path on how affirmative action was established, and how it is important to public and private procurement. I will use examples of affirmative action from recent discriminating cases. I will show how affirmative action affects federal and subcontractors within the government agencies. I will also talk about how high level manager uses affirmative action within their companies. I will also discuss the path of affirmative action how the changes affect the veterans that have served in the U.S. military. Finally I will discuss how affirmative action has helped changed America for the benefit of the people. “Preferential affirmative action patronizes Americans, blacks, women and others by presuming that they cannot succeed on their own. Preferential affirmative action does not advance civil right in this country” (Alan Keyes). As many decades have past, the question of whether America is place where equal opportunity is available to every citizen of the United States has grown as major debate throughout society. The legal meaning of affirmative action is the employment programs required by the federal statutes and regulations designed to remedy discriminatory...
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...Some of the arguments against affirmative action include: * It is unfair to judge applicants on anything other than their merits. – There are numerous factors that a college should take into account when considering applicants – grades, test scores, and extra-curricular activities. An applicant’s race is not a legitimate factor to take into consideration because it is outside of the student’s control. It is impossible for a college to consider every aspect of a student’s background when making decisions on whom to admit. Why focus on race when there are so many other things that differentiate students from one another? * Affirmative action does not lead to true diversity. – Diversity of opinion is important in an academic community, not racial diversity. Affirmative action provides an advantage to some people because of the color of their skin. This is not an attribute that is relevant to the academic mission of a college. Affirmative action gives preferential treatment based exclusively on race, which is a purely external characteristic. * Affirmative action does not help really disadvantaged groups. – In many cases, affirmative action does not achieve its goal of helping disadvantaged minority groups. What it does is perpetuates socioeconomic inequalities by making it easy for members of racial minorities from privileged backgrounds to get into prestigious colleges while not helping members of the lower classes. * White Men Win $11 million Lawsuit for Reverse...
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...Running head: LEVELING THE PLAYING FIELD Leveling the Playing Field Cristol Thomas BA340 Professor Shaun Manzano November 7, 2014 Abstract Affirmative action began as a government remedy to the effects of long-standing discrimination against minority groups and women. Thus, over the past 40 years, the agency has affected many different facets of life for the American people and a great deal of improvement has been accomplished. Specific examples of its impact are visible through improved employment and educational opportunities. These improvements were accomplished through policies, programs and procedures, set up to give preferential treatment to minorities and women, in job hiring, admission to institutions of higher education, the awarding of government contracts and other social benefits. Franklin D. Roosevelt’s New Deal and the Great Depression in 1961 first introduced the word affirmative action, which was a method of redressing discrimination that had persisted in spite of civil rights laws and constitutional guarantees. During that time The Great Depression had taken over the country and Franklin D. Roosevelt wanted to be the person to make a change. As president, Roosevelt did all what he claimed he would and moved the country towards a brighter future. Although all of this was good, there was still segregation and discrimination in America. But that didn’t deter him from his goal, he tried to start many programs, but they were temporary...
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...Affirmative Action: Is it still needed in Today’s World? Table of Contents Abstract ……………………………………………………………………………………….3 What is Affirmative Action ………………………………………………………………….. 3-4 History of Affirmative Action ………………………………………………………………...4-6 Legal History of Affirmative Action ………………………………………………………….6-8 The People for Affirmative Action ……………………………………………………………8-9 The People against Affirmative Action ……………………………………………………...10 The Benefits of Affirmative Action ………………………………………………………….10-12 The Cons of Affirmative Action ……………………………………………………………..12-14 Conclusion (My Opinion) ……………………………………………………………………14-15 References ……………………………………………………………………………………16 Abstract Affirmative action has been the topic of some debate because people wonder if it has outlived its usefulness. It is a very controversial topic. This paper will address this issue, is affirmative action still needed in today’s world? This paper will tell what affirmative action is, the history, the legal history of it, the people for it, the people against it, the benefits of affirmative action, the cons of affirmative action, and finally how I feel about affirmative action What is Affirmative Action? Affirmative action is only applied to those who have 15 or more employees, or a government contract of fifty or more employees or a contract over $50,000. The following summary describes affirmative action: Born of the civil rights movement three decades...
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...Affirmative Action . . . . . . . . . . . . . . . . . A. Remedial Purpose as a Justification for Affirmative Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B. The Diversity Rationale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C. The Arguments Against Affirmative Action . . . . . . . . . . . . . V. Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I. INTRODUCTION The blockbuster race discrimination cases in recent years have all involved affirmative action and reverse discrimination. The Supreme Court has made it clear that race classifications, whether benign or invidious, will trigger rigid strict scrutiny analysis, which requires that the government prove its program is narrowly tailored to serve a compelling interest. In 2003, the Court, in Gratz v. Bollinger,1 ruled that while student diversity in educational institutions may be a compelling interest, an affirmative action program that assigned points to applicants of minority races was unconstitutional.2 In 2007, in Parents Involved in Community Schools v. Seattle School District No. 1,3 it held that two public school district plans that used race-based enrollment targets for student assignments failed strict scrutiny because the districts neither proved a compelling interest, nor demonstrated that the plans were...
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...employee and management development, and employee support programs.[2] The impetus towards affirmative action is to redress the disadvantages[3][4][5][6][7] associated with overt historical discrimination.[8] Further impetus is a desire to ensure public institutions, such as universities, hospitals and police forces, are more representative of the populations they serve.[9] Affirmative action is a subject of controversy. Some policies adopted as affirmative action, such as racial quotas or gender quotas for collegiate admission, have been criticized as a form of reverse discrimination, and such implementation of affirmative action has been ruled unconstitutional by the majority opinion of Gratz v. Bollinger. Affirmative action as a practice was upheld by the court's decision in Grutter v. Bollinger.[10] Affirmative action in the United States began as a tool to address the persisting inequalities for African Americans in the 1960s. This specific term was first used to describe US government policy in 1961. Directed to all government contracting agencies, President John F. Kennedy's Executive Order 10925 mandated "affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin."[11] Four years later, President Lyndon B. Johnson elaborated on the importance of affirmative action to achieving true...
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...the idea of JFK to the logical conclusion of truly instituting affirmative action. There were speeches given and executive orders signed all designed to further the idea of affirmative action. The largest single act taken at the time to further this cause was the Civil Rights Act of 1964. This act forbids the act of discrimination of any type based on race, color, religion or a person’s national origin. After these acts and executive orders were signed the 70’s and 80’s brought about a slew of court cases all aimed at attempting to try and define the different aspects of affirmative action for the country both in the workplace and in academia. The first major court case on affirmative actions was “Regents of the University of California v. Bakke. This case helped to put some...
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...UNIT 3C: REPRESENTATIVE PROCESS IN THE USA SECTION 1: ELECTIONS & VOTING Primaries: * Election to select a parties candidacy for president * Open primary: A primary for any registered voter, democrat or republican. E.G. Texas * Closed: A primary for democrats and a primary for Republicans. (Separate one’s) * Invisible primary: candidates try to gain support and finance in the year before the primary * Proportional primary: awarded delegates in proportion to votes they get * Winner-takes-all: Win the most votes and you take all the states delegates Advantages: * Increased level of participation from ordinary votes (30% in 2008) * Increased interest from people * Increased choice of candidates (14 in 2008) * Removing power from party bosses Disadvantages: * Turnout is usually low * Voters are usually unrepresentative of normal voters (tend to be wealthier, old and better educated) * Process is far too long and expensive (Obama in 2008 announced his running 332 before the first primary * Fails to test presidential qualities Increased importance of primaries: * Really the only route to become a parties President Caucuses: * A meeting for the selection of a candidate * Usually held in states that are geographically large but thinly populated (Iowa, North Dakota, Nevada) * Turnout is usually pretty low, and usual favour ideological candidates National party conventions: Formal functions: ...
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...European University 2013-2014 Human Resources Management Class Summary Gauthier Steiner European University 2013-2014 Human Resources Management Class Summary Gauthier Steiner Contents What is Human Resource Management? 3 Who Performs the Human Resource Functions? 4 Key Challenges for HR Managers 5 HRM and Strategy 6 Organizational Performance and the Human Resource Manager 7 Communicating Human Resource Programs 8 Equal Employment Opportunity & Diversity 9 Equal Employment Opportunity Laws 9 Landmark Court Cases 11 Compliance Agencies 12 EEO Implementation 12 Key terms of the chapter 13 Job Analysis and Job Design 15 Basic Terminology 15 Job Analysis 17 Job analysis method 19 Disadvantages of job analysis 21 Job Design 21 Advantages of job specialization 21 Job design consideration 22 Human Resources Management: Chapter 1: Strategy What is Human Resource Management? Human resource management (HRM, or simply HR) is the management process of an organization's workforce, or human resources. It is responsible for the attraction, selection, training, assessment, and rewarding of employees, while also overseeing organizational leadership and culture and ensuring compliance with employment and labor laws. Nearing the 21st century, advances in transportation and communications greatly facilitated workforce mobility and collaboration. Corporations began viewing employees as assets rather than as cogs in a machine...
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...Caucus groups, independent groups of Xerox employees dating from the 1960s, play an important role in our diversity story. These caucuses, similar to networking and affinity groups, are instrumental in advocating openness, opportunity and inclusion for the entire Xerox community. They work with management to achieve common business objectives, self-advocacy and to create an environment of inclusion. Six caucus groups currently exist to address the concerns and meet the needs of employees who are African-American, Hispanic, Asian, women, African-American women, gay, lesbian, transgender and bisexual. Through executive roundtables, our CEO and other senior leaders meet with diverse teams of Xerox employees, often representing one of our caucus groups. During these informal sessions, participants share their views on Xerox’s work environment and business concerns, and identify actionable items for discussion with Xerox’s senior team. The process ensures that the executive leadership team and the CEO are working together to resABSTRACT. Currently, an increasing number of organizations are attempting to enhance inclusiveness of under represented individuals through proactive efforts to manage their diversity. In this article, we define diversity management against the backdrop of its predecessor, affirmative action. Next, selected examples of organizations that have experienced specific positive bottom line results from diversity management strategies are discussed. The...
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...f- ^ ^ ^ tC^L X Human Resource Management R. WAYNE MONDY, SPHR in collaboration with JUDY BANDY MONDY McNeese State University Prentice Hall Boston Columbus Indianapolis New York San Francisco Upper Saddle River Amsterdam Cape Town Dubai London Madrid Milan Munich Paris Montreal Toronto Delhi Mexico City Sao Paulo Sydney Hong Kong Seoul Singapore Taipei Tokyo Preface XXII Acknowledgments xxv Strategic Human Resource Management: An Overview 3 Chapter Objectives 2 HRM in Action: Not HR Branding, Employer Branding 3 Human Resource Management 4 Human Resource Management Functions 5 Staffing 5 • Trends if Innovations: Measuring Quality of Hire in Today's Environment 6 Human Resource Development 6 Compensation 7 / Safety and Health 7 Employee and Labor Relations 7 Human Resource Research 8 Interrelationships of HRM Functions 8 Dynamic Human Resource Management Environment 8 Legal Considerations 8 Labor Market 9 Society 9 Unions 10 Shareholders 10 Competition 10 Customers 10 Technology 10 Economy 11 Unanticipated Events 11 How Human Resource Management Is Practiced in the Real World 11 HR's Changing Strategic Role: Who Performs the Human Resource Management Tasks? 11 Human Resource Manager 12 HR Outsourcing 12 HR Shared Service Centers 13 Professional Employer Organizations (Employee Leasing) 13 Line Managers 14 HR as a Strategic Partner 14 A Strategic HR Example 16 A Strategic HR Audit 16 Human Capital Metrics 17 Human Resource Designations 18 Evolution of Human Resource...
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...Equality and the Constitution 4 Class 1: Slavery and the Constitution 4 1. The Original Constitution 4 2. State v. Post 4 3. Dred Scott v. Sandford (1857) 4 4. Reconstruction 5 5. Post-Reconstruction Cases 6 Class 2: The Advent of American Constitutional Law: Brown 7 6. RACIAL EQUALITY 7 7. Brown I (1954) The segregation of children in public schools based solely on race violates the Equal Protection Clause. 7 2. Brown II 8 3. What was the constitutional harm in Brown? 8 4. THEORY 8 5. Subsequent School Desegregation 9 Class 3: Local Efforts to Desegregate: Parents Involved 11 6. Parents Involved 11 Class 4: Rational Basis Review: Cleburne, Romer, etc. 13 2. Tiers of Scrutiny 13 3. Beazer (1979) 13 4. Moreno (1973) 14 5. Cleburne (1985) 14 6. Romer (1996) 15 7. Nordlinger (1992) and Allegheny Pittsburgh (1989) 16 8. Lee Optical (1955) 17 Class 5: Racial Classifications and Heightened Scrutiny: Strauder, Korematsu, Loving 17 9. Heightened Scrutiny Analysis 17 10. Strauder (1880) 17 11. Korematsu (1944) 18 12. Loving (1967) 19 13. Theories Supporting Strict Scrutiny of Racial Classifications 20 14. Tiers of Scrutiny 20 15. Tiers of Scrutiny Table 21 Class 6: Facially Neutral Classifications: Washington v. Davis 21 16. Types of Discrimination (from Fall) 21 X. Disparate Impact 21 XI. Purposive Discrimination 22 ...
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...Chapter Study Questions Exam Five 2305 (Chapters 4, 5, and 9) The Enduring Democracy Third Edition, 2013-2014, Dautrich and Yalof, Cengage Publishing. Be sure to skip a line between the question and the answer and skip another line before the next question. Chapter Four: Civil Liberties 1. What are civil liberties and when did individual rights recognized by government first appear in a legal charter? What charter? 73 - Those specific individual rights that are guaranteed by the Constitution and cannot be denied to citizens by government. Most of these rights are in the first 10 amendments to the Constitution, known as the Bill of Rights. The original English legal charter, the Magna Carta of 1215. 2. How are civil liberties different from civil rights? 73 - Civil liberties may be distinguished from civil rights (sometimes called equal rights), which refer to rights that members of various groups (racial, ethnic, sexual, and so on) have to equal treatment by government under the law and equal access to society’s opportunities. 3. What were the Alien and Sedition Acts and were editors if newspapers actually jailed? 74 - Alien Act, which authorized the president to deport from the United States all aliens suspected of “treasonable or secret” inclinations; the Alien Enemies Act, which allowed the president during wartime to arrest aliens subject to an enemy power; and the Sedition Act, which criminalized the publication of materials that brought the U.S. government...
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...CHAPTER 27 EMPLOYMENT DISCRIMINATION Only in recent decades have federal and state judicial decisions, administrative agency actions, and legislation restricted the ability of employers, as well as unions, to discriminate against workers on the basis of race, color, religion, national origin, gender, age, or handicap. This chapter concludes the discussion of the law relating to the employer-employee relationship by focusing on employment discrimination and related areas. The approach examines two spheres of this topic. First, the statutory framework for a number of federal laws is examined. Not surprisingly, the first statute addressed is Title VII of the 1964 Civil Rights Act. This statue covers discrimination based on race, color, national origin, sex, and religion. Following the presentation of Title VII, the chapter discusses the Age Discrimination in Employment Act and the Americans with Disabilities Act. A discussion of the legal aspects of harassment concludes the chapter. A class of persons defined by one or more of these criteria is known as a protected class. Several federal statutes prohibit employment discrimination against members of protected classes. The most important is Title VII of the Civil Rights Act of 1964 and its amendments. Title VII prohibits employment discrimination on the basis of race, color, religion, national origin, or gender. Discrimination on the basis of age and disability are prohibited by the Age Discrimination in Employment Act of 1967...
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